Lisa Thornton Consulting

UPDATE:  The proposed Electronic Communications Amendment Bill was withdrawn on 23 Nov 2011.

The Department of Communications published the Electronic Communications Amendment Bill on the 4th Nov 2011, for public comment, due 19 Dec 2011.  The Bill seeks to do a number of things, including -

- ensure that ICASA and the USAASA follow policy directions issued by the Minister (now, policy directions must only be considered)
- change the distinction between individual and class ECS licences to coincide with the distinction between individual and class ECNS licences, namely geography - class licences will be municipal and individual licences will be national or provincial
- eliminate the need for an invitation from ICASA for individual ECS and ECNS licence applications
- strengthen ICASA's authority over transfers of control of licences and allow ICASA to regulate for ownership restrictions
- limit the number of class licences any licensee may hold - to two
- shorten the registration process for class licences from 60 to 10 days
- give the Minister has control over spectrum planning (now, most of the control over spectrum planning rests with ICASA)
- remedy drafting defects in the current provisions relating to interconnection, facilities leasing and competition matters
- set up two additional goverment committees, one for spectrum and one for broadband